Private breast-pumping rooms required at work in California starting Jan. 1

California employers, including state departments, must provide private rooms for women to express breast milk in the workplace starting Wednesday.

The rooms may not be bathrooms and must include a place to sit and a surface to place a breast pump and personal items, according to the new 2020 law. The spaces must have electricity and be clean. Nearby, employers must provide a sink with running water and a space to keep breast milk cold — either a refrigerator or a cooler.

“Examples of workplace spaces which may be appropriate include a vacant office, a first aid room, a dressing room (which is not part of a restroom), or a room or office space which can be made available during specific times of the day for this purpose,” according to an update to the CalHR manual. “To facilitate privacy, a lock may be added to the door or a sign may be posted on the entrance indicating the room is in use.”

The new requirement comes from Senate Bill 142. The law strengthens existing requirements that employers provide space for lactation and breaks to accommodate lactating women. The breaks still are not required to be paid, and should coincide with existing break time whenever possible, according to the law.

CalHR’s guidance says lactating women may need about 15 to 30 minutes every two to three hours.

Employers who don’t comply with the law may be fined up to $100 per day, according to the law, and may have to pay employees more under sections of the labor code related to rest and recovery periods.

Employers with fewer than 50 employees may seek an exemption from the requirement if providing the accommodation would impose an “undue hardship,” according to the law.

Employers also must develop policies to educate their employees about their rights and the process for providing lactation space.

Supporters of the bill said it would keep workers from missing work, keep them from leaving their jobs and maintain worker satisfaction and productivity. Opponents said it would burden employers and set them up for lawsuits.

Former Gov. Jerry Brown vetoed a similar measure, while Gov. Gavin Newsom signed SB 142.

This story was originally published December 31, 2019 at 11:54 AM with the headline "Private breast-pumping rooms required at work in California starting Jan. 1."